State drops push to drill on Delta land

Landowners fought access for tunnels project

The state has at least temporarily abandoned an effort to drill on Delta farmland in San Joaquin County, drilling that officials say is needed to study Gov. Jerry Brown's proposed twin tunnels project.

The state has at least temporarily abandoned an effort to drill on Delta farmland in San Joaquin County, drilling that officials say is needed to study Gov. Jerry Brown's proposed twin tunnels project.

Over the course of more than a year, landowners successfully stonewalled the state's attempt under eminent domain law to acquire tiny pieces of private property on which crews would drill softball-sized holes hundreds of feet deep to study the composition of Delta soils.

On Thursday, the state formally dropped its request in San Joaquin County Superior Court. Similar requests are still pending in other counties.

"They just gave up," said Stockton attorney Thomas Keeling, who represents the Delta landowners. "Do I think they'll come back at some point? I don't know, ... but part of the takeaway here is Delta landowners who are fighting for the future of their properties can win battles against the state."

The Department of Water Resources said Friday that its decision to drop the San Joaquin eminent domain case was merely to correct a "procedural error." The department plans to seek the blessing of the California Water Commission to file corrected eminent domain complaints that would allow the work to move forward.

Landowners have already delayed that work, however. And state officials warned in court papers over the summer that any further delay could drive up the cost of the $14 billion tunnels or even render them infeasible.

Judges in three Delta counties over the fall denied the state's request to speed up the process so that drilling could be conducted before the rainy season. Water Resources has, in fact, completed some drilling on other lands but maintains that it needs access to the contested lands as well.

The tunnels would divert water past the Delta rather than through it. The plan is widely opposed in San Joaquin County, with some landowners resisting any effort by the state to access private property.

In addition to drilling, they have also challenged other kinds of environmental surveys. That issue is pending before an appeals court.